BWY17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 860

Federal Court of Australia

BWY17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 860 Appeal from: BWY17 v Minister for Immigration & Anor [2020] FCCA 1783

File number: NSD 1005 of 2020

Judgment of: SNADEN J

Date of judgment: 29 July 2021

Catchwords: MIGRATION – appeal from Federal Circuit Court of Australia – where primary judge dismissed application for review of Immigration Assessment Authority ("Authority") decision – where Authority affirmed decision of delegate of Minister to refuse to grant protection visa – where new claims not before the delegate submitted to the Authority – whether Authority could consider new claims under s 473DD of the Migration Act 1958 (Cth) ("Act") – meaning of "consider" – where Authority not satisfied exceptional circumstances exist to justify considering new claims – whether Authority acted unreasonably by not seeking new information under s 473DC of the Act – whether alleged errors jurisdictional – jurisdictional error not established – appeal dismissed

Legislation: Migration Act 1958 (Cth)

Cases cited: BJK17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2019) 272 FCR 15 CCQ17 v Minister for Immigration and Border Protection [2018] FCA 1641 CRU18 v Minister for Home Affairs (2020) 277 FCR 493 Minister for Immigration and Border Protection v Eden (2016) 240 FCR 158 NABE v Minister for Immigration and Multicultural and Indigenous Affairs (No 2) (2004) 144 FCR 1 Re Minister for Immigration and Multicultural Affairs; ex parte Cohen (2001) 75 ALJR 542